2101480 (Refugee)

The applicant, a citizen of China, sought a protection visa. The primary decision maker dismissed the application, and the applicant subsequently failed to attend a hearing before the Refugee Tribunal. The Tribunal confirmed the dismissal of the application. The applicant sought judicial review of the Tribunal's decision.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's protection visa application, given the applicant's failure to attend the scheduled hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations. It reasoned that as the applicant did not make an application for reinstatement of their protection visa application within the 14-day period stipulated by the legislation, the Tribunal was mandated to confirm the earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed its decision to dismiss the application.